BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 984|
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THIRD READING
Bill No: SB 984
Author: Hollingsworth (R)
Amended: 7/15/10
Vote: 27 - Urgency
SENATE JUDICIARY COMMITTEE : 3-1, 6/29/10
AYES: Corbett, Harman, Hancock
NOES: Leno
NO VOTE RECORDED: Walters
SUBJECT : Service of process: time
SOURCE : Author
DIGEST : This bill requires the first attempt to serve a
summons and complaint initiating an action to be made
between the hours of 7:00 a.m. and 8:00 p.m. (This bill
contains an urgency clause in order to ensure that service
of process is performed in a manner that does not interfere
with a homeowner's expectation of privacy and freedom from
harassment.)
ANALYSIS : Existing law prescribes that a court has
jurisdiction over a defendant as soon as service of the
complaint is effectuated. (Section 410.50 of the Code of
Civil Procedure [CCP])
Existing law provides that a plaintiff has three years
within which to serve the summons and complaint on the
defendant. (CCP Section 583.210)
CONTINUED
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Existing law prescribes the methods by which service of a
summons and complaint must be effectuated. (CCP Section
415.10 et seq.)
Existing law authorizes a summons and complaint to be
personally served by delivering a copy of the summons and
complaint to the person to be served; service of the
summons is completed at the time of delivery. (CCP Section
415.10)
Existing law authorizes service of a summons and complaint
on a business by leaving a copy of the summons and
complaint with a person in charge of the business during
usual office hours. (CCP Section 415.95(a))
Existing law authorizes service on a party of a notice of
motion by leaving the notice at the party's residence
between the hours of 8:00 a.m. and 6:00 p.m. with some
person at least 18 years of age. (CCP Section 1011(b))
Existing law authorizes service on a business of a notice
of motion by leaving the notice with a receptionist or with
a person having charge thereof; if a receptionist or person
in charge is located, service may be made by leaving the
notice at the business between the hours of 9:00 a.m. and
5:00 p.m.. (CCP Section 1011(a))
Existing law authorizes an individual over the age of 18
who is not a party to the action to perform a service of a
summons and complaint. (CCP Section 414.10)
Existing law regulates service of process performed by
registered process servers. (Section 22350 et seq. of the
Business and Professions Code)
Existing law provides the following list of individuals
performing service of process who are exempt from
regulation as registered process servers:
1. Any person making less than 10 services of process per
year.
2. Any sheriff, marshal, or government employee who is
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acting within the course and scope of his/her
employment.
3. An attorney or his/her employee, when serving process
related to cases for which the attorney is providing
legal services.
4. Any person who is specially appointed by a court to
serve its process.
5. A registered professional photocopier performing service
of process of subpoenas for the production of records.
This bill specifies that the first attempt to personally
serve a summons and complaint initiating an action must be
made between the hours of 7:00 a.m. and 8:00 p.m.
This provision sunsets on January 1, 2014.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/15/10)
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OPPOSITION : (Verified 7/15/10)
Absolute Investigations
Assured Judgment Recovery
Astute Investigations
Atwater Investigations
Auto Temp Investigations
Available Investigations Services
Beren Investigative Services
Bermudez Group, Inc.
Blackburn Investigative Services
Blais Investigating Agency
Bosco Legal Services, Inc.
Brady Investigations
Britton Investigations & Legal Services
Bryan L. Giles & Associates
Bryant Investigations & Altruistic Security Services
Business Controls, Inc.
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California Association of Legal Support Professionals
California Association of Licensed Investigators, Inc.
Commercial Process Serving, Inc.
Consumer Attorneys of California
Deanne Acu?a Investigative Services
Discovery Detective Group
Discovery Judgment Recovery
Escape Investigations
Fasulo Investigations
GAB Investigations
Gailey Associates, Inc.
Gane Investigations
Ginter Investigations, Inc.
Grotewold Investigations
Hilton Investigations
Hoy & Associates Investigations
InfoNuggets Network
Integrity Nationwide Investigations
Intelle Quest Investigations
Inter-Agency Investigations, Inc.
Intercoastal Investigations
Jean Kyles & Associates
JHRI, Inc.
Kelsay Investigations
Kimberly Acu?a Investigative Services
Klopper Investigations
Krout and Schneider, Inc.
La Marche & Bradley Investigations
Legal Research Services Investigations, Inc.
Link Information Service
Luginbill Investigative Services, Inc.
Michael J. Martin Investigations
Murphy & Associates, Inc.
On the QT Investigations
Pacific Investigations
Palma & Palma Investigations
Palomar Investigative Group, Inc.
Parker & Associates
PCG Consultants
Perrin Investigative Service
PI Resources
Private Investigative Research Company
Probity Investigations
Process Server Institute
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Proserviceplus
Rod Blythe Investigations
Safari Legal Support Services
Sarkis Detective Agency
Sellers Investigation Group
Streamline Investigations, Inc.
Sunrise Investigative Services
Thin Blue Line Investigations
West Harbor Intelligence Incorporated
Wheatley, Scott & Company
Whiteacre Investigations
ARGUMENTS IN SUPPORT : The author writes: "SB 984 has
been introduced in order to ensure that service of process
is performed in a manner that does not interfere with a
homeowner's reasonable expectations of privacy and freedom
from harassment."
ARGUMENTS IN OPPOSITION : Consumer Attorneys of
California opposes the bill, arguing that "Business and
Professions Code [Section] 22358 ? sets forth the procedure
to suspend or revoke the license of a process server who
makes improper service or if a person makes a complaint
that he or she has been injured by the service of process.
We find this to be sufficient for any alleged improper
actions made by a process server as it requires an
investigation by the local prosecutor and still protects
the process server's right to due process by giving him or
her a hearing by an administrative law judge."
RJG:mw 8/2/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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